WORLD TRADE  
ORGANIZATION  TN/MA/W/102 
24 January 2008 
 (08-0357) 
Negotiating Group on Market Access Original:   English 
  
 
MARKET ACCESS FOR NON-AGRICULTURAL PRODUCTS  
 
Harmonization of Fireworks Standards and Conformity Assessment Procedures
 
 
Communication from the People's Republic of China 
 
 The following communication, dated 18 January 2 008, is being circulated at the request of the 
delegation of the People's Republic of China.  This  proposal replaces the earlier proposal contained in 
the annex of document TN/MA/W/89.  
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Understanding on the Interpretation of the Agreement on  
Technical Barriers to Trade as Applied to Trade in Fireworks   
 
Members, 
 
Recalling  Paragraph 16 of the Doha Ministeria l Declaration and Paragraph 22 of the 
Hong Kong Ministerial Declaration, where Members agr eed to negotiate with a view to reducing or as 
appropriate eliminating tariffs  and non-tariff barriers to trade in non-agricultural products; 
 
Considering the significant impact of fireworks on human safety, property and the 
environment and the lack of applicable  international standards on fireworks;  
 
Noting  that unreasonable and duplicative technica l regulations, standards and conformity 
assessment procedures on fireworks greatly impede  the international trade in fireworks;  
 
Desiring  to facilitate international trade in firewo rks through the establishment of universally 
accepted technical regulations, standards a nd conformity assessment procedures;   
 
Hereby agree  as follows: 
 
 
Article 1 - General Provisions 
 
1.1  The Understanding applies to fireworks under HS 360410.   
1.2  The Understanding applies to technical re gulations, standards, and conformity assessment 
procedures related to the production and trade of fireworks that impede international trade. 
 1.3  The provisions specified in the Understa nding shall constitute an interpretation of the 
Agreement on Technical Barriers to Trade set out  in Annex 1A to the Marrakesh Agreement 
Establishing the World Trade Organization. TN/MA/W/102 
Page 2  
 
  Article 2 - Terms and Definitions 
 
2.1  Firework  refers to any article cont aining explosive substances or  an explosive mixture of 
substances designed to produce heat, light, sound, gas,  or smoke, or a combination of such effects, 
through self-sustained exothermic chemical reactions intended for entertainment purposes. 
 
2.2  The terms and definitions referred to in the WTO Agreement on Technical Barriers to Trade 
and those in relevant ISO/IEC standard s shall apply to this Understanding. 
 
 
Article 3 - International Standards 
 
3.1  The WTO shall draw the attention of relevant  international standard- setting organizations to 
the absence of international standards of firewo rks and encourage them to prioritize fireworks 
standards development.  
 
3.2  WTO Members are encouraged to participat e actively in the development of international 
standards for fireworks. 
 
Article 4 - Conformity Assessment Procedures 
 4.1  Given the risks and costs inherent in long- distance transportation of hazardous fireworks test 
samples, a Member shall give positive considerati on to recognize an assurance of conformity issued 
by a conformity assessment body approved for that purpose by the authorities of another Member in 
accordance with relevant international standard s (e.g. ISO/IEC17025). A Member may, however, 
require as a condition for accepting such a declaratio n of conformity that the conformity assessment 
body that issued it participates in or being a memb er of relevant international accreditation systems 
(e.g., systems linked to the International Laboratory Accreditation Cooperation, ILAC). 
 4.2  A Member shall accept fireworks hazard classification certificates issued by competent 
laboratories of another Member in accordance with UN Series 6 Test of the United Nations Recommendations on the Transport of Dangerous Goods. 
 
4.3  In case that there is a registration requirem ent on fireworks, a Member should finish its 
registration process and release the registration c ode within 60 days upon the acceptance of relevant 
documents.  
4.4  A Member shall avoid re-testing fireworks on which another Member are competent to carry 
out compliance testing according to the technical requirements of that Member and has already undertaken the relevant testing accordingly.  
Article 5 - Labelling  
 
5.1  Considering the difficulty of manufacturers  and exporters to meet Members’ divergent 
labelling requirements with respect to the inform ation, format, colour difference and position of 
labelling, Members shall take positive measures to harmonize their labelling requirements. 
 
5.2  Before the imposition of interna tional labelling standards on fireworks, a Member shall make 
best effort to ensure the consistency of its dom estic labelling requirements. If a Member proposes to 
adopt or amend a technical regulation or conformity  assessment procedures with respect to labelling, 
it shall notify other Members through the Secretaria t or through its WTO Enquiry Point no less than 
60 days before the formal adoption of the requirements.    TN/MA/W/102 
 Page 3 
 
 
  Article 6 -Transparency 
 
6.1  Before amending an existing or adopting a ne w technical regulation, standards or conformity 
assessment procedure, Members shall allow reasonabl e time for consultations with and interested 
party and take other Members’ comments into cons ideration. A Member shall notify the WTO of the 
technical regulations, standards and conformity  assessment procedures on fireworks adopted or 
amended thereafter.  6.2  Upon request of other Members, a Member shall provide in a timely manner copies of:   
- its latest versions of its technical regulations , standards and test manuals on fireworks, and 
- the deadline for conducting each conformity assessment procedure. 
 
Article 7 - Technical Cooperation 
 
7.1  A Member shall conduct necessary consultati ons with interested Members in developing 
domestic technical regulations, standards and conformity assessment procedures on fireworks. 
 
7.2  As provided for in Article 11 of the TB T Agreement, developed country Members shall 
provide, on request and on mutually agreed terms and conditions with devel oping and least-developed 
country Members, technical cooperation in the prep aration of the plans as well as the implementation 
of the commitments under this Understanding.  
 7.3  WTO Members should strengthen exchange of  technology, experience and information with 
respect to technical regulations, standards a nd conformity assessment procedures on fireworks. 
 
Article 8 - Final Provisions 
 
8.1  The Committee on Technical Barriers to Trade shall review the operation and implementation of this Understanding on an annual basis. 
 
 
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